No. 06-B the United States Mission to the Organization of American States

No. 06-B

The United States Mission to the Organization of American States presents its compliments to the Permanent Missions to the Organization of American States and to the Organization of American States Secretariat and has the honor to inform them of the procedures for facilitating the secure movement of diplomatic pouches into, within, and from the United States via aircraft. This note supersedes any other guidance or information published by the United States Mission concerning this topic.

The purpose of this note is to ensure that the Permanent Missions and the

Organization of American States Secretariat have a clear and comprehensive statement of the policies and procedures governing the movement of diplomatic pouches into, within, and from the United States via air transport. The United States Mission wishes also to remind the Permanent Missions, their governments and the Organization of

American States Secretariat that they play a critical and significant role in ensuring that their diplomatic pouches are properly handled by airline representatives and government authorities responsible for transportation and import security.

The Permanent Missions to the

Organization of American States,

Washington, D.C. February 20, 2014 -2-

A series of subsequent notes will be transmitted separately to the Permanent

Missions and the Organization of American States Secretariat focused specifically on the rules and procedures associated with the transport of diplomatic pouches into, within, and from the United States via an automobile, train, or marine vessel. Such rules and procedures are not significantly different from those outlined in this note, but do have unique and subtle differences that, for purposes of achieving maximum clarity, warrant the issuance of separate notes.

Prior to the release of such notes, the Permanent Missions and the Organization of

American States Secretariat, are encouraged to contact the Department of State’s Office of Foreign Missions (OFM) directly if there are any specific questions concerning the proper way to transport diplomatic pouches into, within, or from the United States via any means other than air transport.

Diplomatic Pouch Defined

For these purposes, a diplomatic pouch (or “bag”) is any properly identified and sealed package, pouch, envelope, or bag that is used to transport official correspondence, documents, and other articles intended for official use, between:

The foreign office of any country with full membership in the Organization of

American States and its mission to that organization; or

The headquarters or any other office of the Organization of American States and

its regional offices in the United States or in a foreign country. -3-

In accordance with applicable authorities, the Organization of American States and the Permanent Missions can use a diplomatic pouch to transport documents or articles intended for official use.

If presented with credible information that a diplomatic pouch is not being used to transport diplomatic documents or articles intended for official use, the United States reserves the right to deny the shipment’s import into or export from the United States or its transport domestically in the United States. In such instances, properly designated diplomatic pouches will be immediately returned to the sending entity. Such refusals will not be made on a routine or blanket basis and will be only in response to specific and credible concerns.

Additionally, if such concerns are solely associated with air transportation, the

United States may allow properly designated diplomatic pouches to be transported by an alternate means, such as by rail, land, or sea, consistent with the safety and security of such modes of transport.

Proper Identification of Diplomatic Pouches

All diplomatic pouches must bear visible external marks of their character.

Therefore, a diplomatic pouch moving into, within, or from the United States must:

1. Have readily visible markings on the exterior of the pouch, bag, envelope,

crate, or container clearly identifying it in English as a “Diplomatic Pouch”;

2. Externally bear the official seal of the sending entity; -4-

This may be a lead or plastic seal that is attached to a tie that

closes the pouch or a seal affixed to the pouch’s exterior.

3. Be addressed to or from the headquarters or offices of the Organization of

American States, or the sending government’s ministry or department of

foreign affairs, its embassies, legations, consular offices, or Permanent

Mission to the Organization of American States; and

4. When applicable, all associated shipping documents, such as bills of lading

and Air Waybills, should describe the shipment in English as a “Diplomatic

Pouch”.

In order to allow for the immediate customs entry of all properly designated diplomatic pouches that are imported to the United States, a detachable “Customs Entry

Certificate” should be affixed to the shipment’s exterior.

The referenced detachable certificate will serve as the shipment’s customs entry declaration and must include the following information:

A brief description of the pouch, including its approximate weight;

A statement certifying that the pouch contains only official correspondence,

documents, or articles intended for official use;

The signature of a senior official of the Organization of American States, or the

originating foreign ministry/department, embassy, consular post, or Permanent

Mission to the Organization of American States, along with a telephone number -5-

at which this individual can be contacted with respect to any questions or

concerns associated with this shipment.

Accompanied Diplomatic Pouches

Properly designated diplomatic pouches, transported in either the cabin or cargo- hold of an aircraft, vessel, train, or motor vehicle, are considered by the Government of the United States as being “accompanied” by a diplomatic or non-professional (“ad- hoc”) courier when such couriers travel as a passenger on the same mode of transportation.

Whenever a pouch is accompanied or delivered by a diplomatic courier, the courier shall be provided with an official document indicating his/her status and the number of packages constituting the diplomatic bag.

The Organization of American States, the Permanent Missions and authorized sending entities may also designate “ad-hoc” diplomatic couriers, hereafter referred to as “non-professional diplomatic couriers.”

All individuals designated by the Organization of American States, a foreign ministry/department, embassy, consular post, or Permanent Mission to the Organization of American States as being either a diplomatic or non-professional diplomatic courier must use a valid diplomatic passport to accompany properly designated diplomatic pouches into, within, or from the United States. -6-

Whenever a properly designated diplomatic pouch is accompanied or delivered by a diplomatic or non-professional diplomatic courier, he/she must be provided with an official document indicating his/her status and the number of diplomatic pouches that he/she is responsible for transporting. This document is commonly referred to as a

“courier letter.” The information required in such letters is conditioned upon the manner in which the diplomatic pouch is being transported. The information requirements for such letters are addressed later in this document.

The following sections address four different scenarios involving the transport of properly designated diplomatic pouches into, within, and from the United States. These scenarios are as follows:

1. Diplomatic pouches imported to the United States accompanied by a

diplomatic or non-professional diplomatic courier who is not accredited as a

member of a foreign mission, the Organization of American States or

Permanent Mission to the Organization of American States in either the

United States or the country from which the pouch is being sent;

2. Diplomatic pouches imported to the United States accompanied by a

diplomatic or non-professional diplomatic courier who is accredited as a

member of a foreign mission, the Organization of American States or

Permanent Mission to the Organization of American States in either the

United States or the country from which the pouch is being sent; -7-

3. Diplomatic pouches transported within or from the United States accompanied

by a diplomatic or non-professional diplomatic courier who is not accredited

as a member of a foreign mission, the Organization of American States, or

Permanent Mission to the Organization of American States in the United

States;

4. Diplomatic pouches transported within or from the United States accompanied

by a diplomatic or non-professional diplomatic courier who is accredited as a

member of a foreign mission, the Organization of American States, or

Permanent Mission to the Organization of American States in the United

States;

Diplomatic Pouches Imported to the United States Accompanied by a Diplomatic or

Non-Professional Diplomatic Courier – Who is Not Accredited as a Member of a

Foreign Mission, Organization of American States, or Permanent Mission to the

Organization of American States in either the United States or the Country From

Which the Pouch is Being Sent

When a diplomatic or non-professional diplomatic courier, who is not accredited as a member of a foreign mission, the Organization of American States, or a Permanent

Mission to the Organization of American States in either the United States or the country from which the pouch is being sent, accompanies the transport of a properly designated pouch(es) to the United States, the diplomatic or non-professional diplomatic -8- courier must present a valid diplomatic passport and a “courier letter” to the carrier.

The courier must also present such documents to any government authorities responsible for transportation security or customs processing, including such representatives stationed at security screening checkpoints.

In this instance, the “courier letter” must meet the following requirements:

1. The document must be an original. It must be on appropriate letterhead and bear

the seal of the sending entity;

2. The document must list the courier’s name and clearly identify him/her as either

a diplomatic or non-professional diplomatic courier;

3. The document must list the courier’s diplomatic passport number;

4. The document must contain information that sufficiently identifies the diplomatic

pouch(es) being escorted and state the quantity and total approximate weight of

the properly designated diplomatic pouches that the courier is responsible for

delivering; and

5. The document must be signed by a responsible official of the sending entity and

include his/her telephone number and job title.

Properly designated diplomatic pouches with a detachable “Customs Entry

Certificate” affixed to the exterior of each individual pouch are eligible for immediate customs entry upon arrival to the United States. The information that must be provided on the detachable “Customs Entry Certificate” is available on page 4 of this note. -9-

If an accompanied, properly designated diplomatic pouch arrives in the United

States without the referenced detachable “Customs Entry Certificate,” then the

Organization of American States or the Permanent Mission to which the shipment is consigned must submit a completed Form DS-1504 “Request for Customs Clearance of

Merchandise” to OFM.

This form and the associated instructions for its completion and submission are available at www.state.gov/ofm/customs/c37011.htm. Upon receipt of such requests,

OFM will work expeditiously to ensure that such shipments are promptly granted entry approval.

Diplomatic Pouches Imported to the United States Accompanied by a Diplomatic or

Non-Professional Diplomatic Courier – Who is Accredited as a Member of a Foreign

Mission, the Organization of American States, or Permanent Mission to the

Organization of American States in either the United States or the Country From

Which the Pouch is Being Sent

When a diplomatic or non-professional diplomatic courier, who is accredited as a member of a foreign mission, the Organization of American States, or Permanent

Mission to the Organization of American States in either the United States or the country from which the pouch is being sent, accompanies the transport of a properly designated pouch(es) to the United States, the diplomatic or non-professional diplomatic courier must present the following documents to the carrier: -10-

The diplomatic or non-professional diplomatic courier’s valid diplomatic

passport;

A “courier letter” that meets the requirements described for such documents on

page 8 of this note; and

A valid identification card issued by the Organization of American States or the

Foreign Ministry of the country to which the diplomatic or non-professional

diplomatic courier is accredited, which includes the courier’s photograph.

Properly designated diplomatic pouches with a detachable “Customs Entry

If an accompanied, properly designated diplomatic pouch arrives in the United

States without the referenced detachable “Customs Entry Certificate,” then the

Organization of American States or the Permanent Mission to which the shipment is consigned must submit a completed Form DS-1504 “Request for Customs Clearance of

Merchandise” to OFM.

This form and the associated instructions for its completion and submission are available at www.state.gov/ofm/customs/c37011.htm. Upon receipt of such requests, -11-

OFM will work expeditiously to ensure that such shipments are promptly granted entry approval.

Diplomatic Pouches Transported Within or From the United States Accompanied by a

Diplomatic or Non-Professional Diplomatic Courier – Who is Not Accredited as a

Member of a Foreign Mission, the Organization of American States, or Permanent

Mission to the Organization of American States in the United States

When a diplomatic or non-professional diplomatic courier, who is not accredited as a member of a foreign mission, the Organization of American States, or a Permanent

Mission to the Organization of American States in the United States, accompanies the transport of a properly designated pouch(es) from or within the United States on a commercial aircraft, the diplomatic or non-professional diplomatic courier must present a valid diplomatic passport and a “courier letter” to the carrier. The courier letter must meet the requirements described for such documents on page 8 of this note, except that the document must be signed by an employee of the Organization of American States or sending mission who is accredited as a diplomatic agent and include his/her Department of State-issued personal identification number.1

The courier must also be prepared to present such documents to any government authorities responsible for transportation security or customs processing, including such representatives stationed at security screening checkpoints.

1 The Department of State issues a unique “personal identification number” to all members of foreign missions in the United States. This number is often referred to by the acronym “PID.” The PID is an eight digit number and is printed on all identification documents issued by both the United States Mission to the Organization of American States and the Office of Foreign Missions (OFM). -12-

When a properly designated diplomatic pouch is provided to an airline representative at a U.S. airport for transport via the cargo-hold of an aircraft, the diplomatic or non-professional diplomatic courier must ensure that the airline representative is fully aware that the item being entrusted to the airline is a diplomatic pouch.

Because this situation does not involve the importation of a diplomatic pouch into the United States, the detachable “Customs Entry Certificate” described on page 4 of this document is not required.

Diplomatic Pouches Transported Within or From the United States Accompanied by a

Diplomatic or Non-Professional Diplomatic Courier – Who is Accredited as a

Member of a Foreign Mission, the Organization of American States, or Permanent

Mission to the Organization of American States in the United States

When a diplomatic or non-professional diplomatic courier, who is accredited as a member of a foreign mission, the Organization of American States, or Permanent

The diplomatic or non-professional diplomatic courier’s valid diplomatic

passport; -13-

A “courier letter” that meets the requirements described for such documents on

page 8 of this note, except that it must be signed by an employee of the

Organization of American States or sending mission who is accredited as a

diplomatic agent and include his/her Department of State-issued personal

identification number; and

A valid identification card issued by the Organization of American States or the

Department of State, which includes the courier’s photograph. Couriers

accredited to the United States must present one of the following documents:

o Diplomatic Identification Card;

o Diplomatic Tax Exemption Card; or

o Diplomatic Driver’s License.

Unaccompanied Diplomatic Pouches

The United States considers properly designated diplomatic pouches as being

“unaccompanied” when a diplomatic or non-professional diplomatic courier is not traveling as a passenger on the same aircraft, vessel, train, or motor vehicle that is transporting the pouch.

The Department of State reserves the right to require sending entities to transport their diplomatic pouches to, within, and from the United States via a courier.

The following sections address three different scenarios involving the unaccompanied transport of properly designated diplomatic pouches to, within, and from the United States. These scenarios are as follows:

1. Unaccompanied diplomatic pouches sent to the United States by a foreign

ministry or department;

2. Unaccompanied diplomatic pouches sent to the United States by the

Organization of American States or Permanent Mission to the Organization

of American States established in a foreign country;

3. Unaccompanied diplomatic pouches transported within or from the United

States. -15-

Unaccompanied Diplomatic Pouches Imported to the United States

There are slight differences in the procedures that the representatives of sending entities must follow when arranging for the unaccompanied transport of properly designated diplomatic pouches to the United States. These differing procedures are outlined in the following sections.

Unaccompanied Diplomatic Pouches Sent to the United States by a Foreign

Ministry or Department:

When a foreign ministry/department wishes to send an unaccompanied, properly designated diplomatic pouch(es) to the United States, its representative who is responsible for arranging such transport must present the following documents to the carrier (e.g., an airline; a freight forwarder; an indirect air carrier; a vessel; a train; or entities like DHL, Federal Express, or UPS) that is responsible for transporting the pouch(es) to the United States:

1. An original and two photocopies of a “pouch authorization letter” that meets the

following requirements:

The document must be an original that is on appropriate letterhead which

bears the seal of the sending entity;

The document must list the name of the representative who is responsible

for delivering the properly designated diplomatic pouch(es) to the carrier

and clearly identify him/her as a representative of the sending entity, along

with his/her job title; -16-

The document must contain information that sufficiently identifies the

diplomatic pouch(es) being transported and state the quantity and total

approximate weight of the properly designated diplomatic pouches that the

courier is responsible for delivering; and

The document must be signed by a responsible official of the sending entity

and include his/her job title and telephone number.

2. A valid identification card issued by the sending foreign ministry/department

which includes a photograph of the representative and demonstrates that this

individual is an employee of such foreign ministry/department.

The representative must also be prepared to present such documents to any government authorities responsible for transportation security or customs processing.

Properly designated diplomatic pouches with a detachable “Customs Entry

If an unaccompanied, properly designated diplomatic pouch arrives in the United

States without the referenced detachable “Customs Entry Certificate,” then the

Permanent Mission to which the shipment is consigned must submit a completed Form

DS-1504 “Request for Customs Clearance of Merchandise” to OFM.

This form and the associated instructions for its completion and submission are available at www.state.gov/ofm/customs/c37011.htm. Upon receipt of such requests, -17-

OFM will work expeditiously to ensure that such shipments are promptly granted entry approval.

Unaccompanied Diplomatic Pouches Sent to the United States by the Organization of American States or Permanent Mission to the Organization of American States

Established in a Foreign Country:

When the Organization of American States or Permanent Mission to the

Organization of American States that is established in a country other than the United

States wishes to send an unaccompanied, properly designated diplomatic pouch to the

United States, its representative who is responsible for arranging such transport must present the following documents to the carrier (e.g., an airline; a freight forwarder; an indirect air carrier; a vessel; a train; or entities like DHL, Federal Express, or UPS) that is responsible for transporting the pouch(es) to the United States:

1. An original and two photocopies of a “pouch authorization letter” that meets the

requirements described on pages 16-17 of this note, except that the document

must be signed by an employee of the Organization of American States or

sending mission who is accredited as a diplomatic agent;

2. The representative’s valid diplomatic passport; and

3. A valid identification card issued by the Organization of American States or the

host government’s foreign ministry/department which includes a photograph of

the representative and demonstrates that this individual is an employee of the -18-

Organization of American States or accredited to the Organization of American

States as a member of a Permanent Mission.

The representative must also be prepared to present such documents to any government authorities responsible for transportation security or customs processing.

Properly designated diplomatic pouches with a detachable “Customs Entry

If an unaccompanied, properly designated diplomatic pouch arrives in the United

States without the referenced detachable “Customs Entry Certificate,” then the

Organization of American States or Permanent Mission to which the shipment is consigned must submit a completed Form DS-1504 “Request for Customs Clearance of

Merchandise” to OFM.

This form and the associated instructions for its completion and submission are available at www.state.gov/ofm/customs/c37011.htm. Upon receipt of such requests,

OFM will work expeditiously to ensure that such shipments are promptly granted entry approval.

Unaccompanied Diplomatic Pouches Transported Within or From the United States

When the Organization of American States in Washington or a Permanent

Mission to the Organization of American States wishes to transport an unaccompanied, properly designated diplomatic pouch from or within the United States via air transport, -19- its representative who is responsible for delivering properly designated diplomatic pouches to the carrier (e.g., an airline; a freight forwarder; an indirect air carrier; a vessel; a train; or entities like DHL, Federal Express, or UPS) must present the following documents to the carrier :

1. An original and two photocopies of a “pouch authorization letter” that meets the

requirements described on pages 16-17 of this note, except that the document

must be signed by an employee of the Organization of American States or

sending mission who is accredited as a diplomatic agent, and include his/her

Department of State-issued personal identification number and diplomatic

passport number.

2. The representative’s valid diplomatic passport; and

3. A valid identification card issued to the representative by the Organization of

American States or the Department of State which includes a photograph of the

representative and demonstrates that this individual is an employee of the

Organization of American States or accredited to the Organization of American

States as a member of the Permanent Mission that is sending the pouch.

Representatives accredited to the United States must present one of the following

documents:

Diplomatic Identification Card;

Diplomatic Tax Exemption Card; or

Diplomatic Driver’s License. -20-

The representative must also be prepared to present such documents to any government authorities responsible for transportation security or customs processing.

Additionally, when a properly designated diplomatic pouch is provided to an airline representative at a U.S. airport so that the pouch can be transported via the cargo- hold of an aircraft, the Organization of American States or Permanent Mission representative who is responsible for delivering the pouch to the carrier must ensure that the airline representative is fully aware that the item being entrusted to the airline is a diplomatic pouch.

Diplomatic Pouches Entrusted to Captains of Commercial Aircraft

Properly designated diplomatic pouches may be entrusted to the captain of a commercial aircraft for transporting such shipments into, within, or from the United

States. However, in such instances, the captain of a commercial aircraft shall not be considered to be a diplomatic or non-professional diplomatic courier.

The following sections address two different scenarios involving the entrustment of properly designated diplomatic pouches to the captain of a commercial aircraft, when transporting such shipments into, within, or from the United States. These scenarios are as follows: -21-

1. Import of pouches entrusted to the captain of a commercial aircraft; and

2. Domestic transport and export of pouches entrusted to the captain of a

commercial aircraft.

Import of Pouches Entrusted to the Captain of a Commercial Aircraft

When a foreign ministry/department, the Organization of American States, or

Permanent Mission to the Organization of American States located outside of the United

States wishes to entrust a properly designated diplomatic pouch to the captain of a commercial aircraft for delivery to an embassy, consular post, the Organization of

American States, or Permanent Mission to the Organization of American States in the

United States, the individual delivering the properly designated diplomatic pouch to the captain must be a representative of the sending entity who is able to provide the captain with an original “pouch authorization letter” and the identification documents described below. The commercial airline captain is required to maintain the original “pouch authorization letter” until the properly designated diplomatic pouch has been released to the Organization of American States or Mission to which the pouch is consigned.

In this instance, the “pouch authorization letter” must meet the following requirements:

1. The document must be an original that is on appropriate letterhead which

bears the seal of the sending entity;

2. The document must list the name of the representative who is responsible for

delivering the properly designated diplomatic pouch to the commercial airline -22-

captain and clearly identify him/her as a representative of the sending entity,

along with his/her diplomatic passport number and job title;

3. The document must contain information that sufficiently identifies the

diplomatic pouch(es) being entrusted to the captain and state the quantity and

total approximate weight of the properly designated diplomatic pouches for

which the captain is responsible for transporting;

4. The document must state that the sending entity is entrusting the delivery of its

diplomatic pouch to the captain of a commercial aircraft;

5. The document must list the captain’s name (if known), the name of the

commercial airline, and the flight number on which the pouch will be

transported;

6. The document must state that the captain is required to maintain the original

version of the document until the pouch arrives at its destination and is

delivered to its consignee; and

7. The document must be signed by a responsible official of the sending entity

(or employee of the Organization of American States or sending mission who

is accredited as a diplomatic agent) and include his/her job title and telephone

number.

The representative of the sending entity must also be able to provide a photocopy of the “pouch authorization letter” to the carrier and any government authorities responsible for transportation security or customs processing. -23-

Further, the representative of the sending entity must be able to present the following identification documents at the originating foreign airport to the captain to whom the pouches will be entrusted, the carrier, and any government authorities responsible for transportation security or customs processing:

a) If the properly designated diplomatic pouch is being sent by a foreign

ministry/department: The representative’s valid identification card issued by the

sending foreign ministry/department which includes a photograph of the

representative and demonstrates that this individual is an employee of such

foreign ministry/department.

b) If the properly designated diplomatic pouch is being sent by the Organization of

American States or a Permanent Mission to the Organization of American

States located outside the United States: The representative’s valid diplomatic

passport; and a valid identification card issued by the Organization of American

States or the host government’s foreign ministry/department which includes a

photograph of the representative and demonstrates that this individual is an

employee of the Organization of American States or accredited to the

Organization of American States as a member of a Permanent Mission.

Properly designated diplomatic pouches with a detachable “Customs Entry

If a properly designated diplomatic pouch arrives in the United States without the referenced detachable “Customs Entry Certificate,” then the Organization of American

States or Permanent Mission to which the shipment is consigned must submit a completed Form DS-1504 “Request for Customs Clearance of Merchandise” to OFM.

This form and the associated instructions for its completion and submission are available at www.state.gov/ofm/customs/c37011.htm. Upon receipt of such requests,

OFM will work expeditiously to ensure that such shipments are promptly granted entry approval.

Domestic Transport and Export of Pouches Entrusted to the Captain of a Commercial

Aircraft

When the Organization of American States in Washington or a Permanent

Mission to the Organization of American States wishes to entrust a properly designated diplomatic pouch to the captain of a commercial aircraft for transport within or from the

United States, the individual delivering the properly designated diplomatic pouch to the captain must be a representative of the sending entity who is able to provide the captain with an original “pouch authorization letter” and the identification documents described below. The commercial airline captain is required to maintain their original “pouch authorization letter” until the properly designated diplomatic pouch has been released to the Organization of American States or Permanent Mission to which the pouch is consigned. -25-

In this instance, the “pouch authorization letter” must meet the requirements described on pages 23-24 of this note, except that it must also include the Department of

State-issued personal identification number for both the representative of the sending entity and the signing official.

Further, the representative of the sending entity must be able to present the following identification documents to the captain to whom the pouches will be entrusted, the carrier, and any government authorities responsible for transportation security or customs processing:

The representative’s valid diplomatic passport; and

A valid identification card issued to the representative by the Organization

of American States or the Department of State which includes a photograph

of the representative and demonstrates that this individual is an employee

of the Organization of American States or accredited to the Organization of

American States as a member of the Permanent Mission that is sending the

pouch. Representatives accredited to the United States must present one of

the following documents:

o Diplomatic Driver’s License;

o Diplomatic Identification Card; or -26-

o Diplomatic Tax Exemption Card.

Commercial airline captains or airline representatives should not accept diplomatic pouches from representatives of the Organization of American States or foreign governments who are unable to present the pouch authorization letter and identification documents described above.

Diplomatic Cargo & Diplomatic Mail

The United States Mission wishes to emphasize that shipments consigned to the

Organization of American States or the Permanent Missions that are designated as either

“diplomatic mail” or “diplomatic cargo” are not considered by the Department of State to be properly designated diplomatic pouches.

The United States Mission to the Organization of American States avails itself of this opportunity to renew to the Permanent Missions to the Organization of American

States and the Organization of American States Secretariat the assurances of its highest consideration.